Palace reverses DOJ dismissal of Alabang Boys' case

MANILA, Philippines - Malacañang ordered yesterday the filing of charges against the “Alabang Boys” and the prosecutors who handled the controversial drug case.

Press Secretary Cerge Remonde said President Arroyo has ordered the filing of criminal charges against Jorge Joseph, Joseph Tecson, and Richard Brodett, otherwise known as the Alabang Boys.

Mrs. Arroyo overturned the Department of Justice (DOJ) resolution dropping the charges against the suspects based on the recommendation of state prosecutors.

“Consequently, the Secretary of Justice is ordered to immediately file the necessary criminal information against the said respondents in the appropriate court,” Remonde said.

He said Mrs. Arroyo has tasked the Presidential Anti-Graft Commission (PAGC) to file administrative charges against the state prosecutors who recommended the dismissal.

Two of the state prosecutors implicated in the charges – Chief State Prosecutor Jovencito Zuño and Senior State Prosecutor Philip Kimpo – have denied they were negligent in handling the drug case.

“They say I am negligent because I approved the resolution of (Prosecutor John) Resado which was also approved by Kimpo. On automatic review, (Justice) Secretary Raul Gonzalez affirmed and adopted the resolution, so we have the same findings,” Zuño said in a brief statement.

Kimpo, for his part, reiterated that he only signed the joint inquest resolution recommending the dismissal of case against the drug suspects after it was affirmed by State Prosecutor Misael Ladaga.

“I only signed the resolution recommending dismissal of the case, after my reviewer found similar findings. Why did they not include my reviewer (Ladaga). In fact, our findings were sustained by Chief Zuño,” he said.

Kimpo said he would answer the charges after formally receiving the complaint.

“We will face the charge against us. But we feel that the charge (of negligence) is unmeritorious,” Kimpo said, maintaining there was nothing irregular with the dismissal of the drug charges against the Alabang Boys since there was no evidence to support the allegations of drug trafficking against the suspects.

“We still stand by our decision,” he reiterated.

Resado, on the other hand, could not be reached for comment, while DOJ Undersecretary Ricardo Blancaflor said he is willing to face an investigation into the issue.

Blancaflor claimed he was informed by the Philippine Drug Enforcement Agency (PDEA) that the resolution dismissing the case was subject to an automatic appeal and that the last thing he did was to ask for a copy of the appeal.

He denied any wrongdoing and said he would submit himself to any investigation.

Mrs. Arroyo directed the PAGC to file administrative charges against Zuño and Kimpo for their negligence in reviewing Resado’s resolution.

Resado had issued a joint inquest resolution containing the recommendation to dismiss the case against the Alabang Boys, citing the “tremendous defects” in the case filed by PDEA.

The resolution caused a major controversy involving the PDEA and the DOJ, as the anti-drug agency alleged that money changed hands to dismiss the case against the Alabang Boys.

The PAGC was also ordered to conduct further investigation against Blancaflor for possible violation of the Anti-Graft and Corrupt Practices Act.

Blancaflor was implicated in the controversy for allegedly trying to negotiate the release of the three suspects even when he had no role in the case.

Resado, on the other hand, was accused of taking a bribe in exchange for dismissing the charges.

‘Partial victory’

Malacañang also ordered PDEA to conduct an administrative investigation against its chief operating officer, Marine Maj. Ferdinand Marcelino, who had accused Resado of bribery.

Marcelino was also questioned “for taking unto himself the job of prosecutor” by releasing Patrick El Khoury, the driver of the vehicle where the sale of illegal drugs took place.

Malacañang also ordered the PDEA to justify why its agents failed to follow the rules on marking, inventory and photographing of seized evidence under the Comprehensive Dangerous Drugs Act.

Remonde said the PDEA was directed to complete its manual of operations in the conduct of drug and related arrest in accordance with law and jurisprudence.

The PDEA, for its part, welcomed the development, saying they achieved “partial victory” in the case.

“We’re happy with the partial victory. We appreciate the order of the President to file charges against Brodett, Joseph and Tecson,” PDEA spokesman Derrick Arnold Carreon said.

Carreon said PDEA’s Internal Affairs Service would conduct the probe, stressing that the agency will abide by Malacañang’s order for an administrative probe of Marcelino.

He said Marcelino has not yet reported for work and may still be out of town since he just arrived from an official trip to Austria.

On the part of the Alabang Boys, one of the lawyers of the suspects said his client was taken by surprise by the order.

Andresito Fornier, lawyer of Jorge Joseph, argued “the President is not above the law. We’re not under martial law.”

Fornier insisted Joseph was illegally detained by the PDEA since the drug case against him was already dismissed.

Fornier revealed the Ombudsman has already taken notice of the arbitrary detention committed on Joseph by the PDEA.

He questioned the timing of the presidential order reversing the dismissal of the case, citing the scheduled appearance of Mrs. Arroyo in an anti-drug rally today at the Luneta.

Mrs. Arroyo issued the order to file the charges based on the recommendations made by the fact-finding committee she had formed to look into the conduct of the prosecutors in the handling of the case. – With Edu Punay, Michael Punongbayan, Delon Porcalla